Johannes, at birth, John by 1820 in Ohio, was my 5th great-grandfather. I have made several posts regarding him: Dec. 11, 2011 his obituary; Sept. 20, 2011 his burial site; and Aug 28, 2013 when I found the burial location of his first wife Elizabeth.
Will Book 1
(1848-1876), Page 262
In
the name of God Amen. I John Rodenberger
of Clay County Indiana a being in good bodify health
and of sound mind and memory calling to mind the frailty and uncertainty of
human life and being desirous of settling my worldly affairs and directing how
the estate with which it has pleased God to blefs me shall be disposed of after
my decease while I have strength and capacity So to do, do make and publish
this my last will and testament hereby revoking and making null and void all
other wills and testaments by me heretofore made.
First – I hereby constitute and
appoint my wife Catharine Rodenbarger to be sole executrix of this my last will
and testament and direct her to pay all my just debts and my funeral expenses
out of my personal estate as soon after my death as she conveniently can.
Second. It is my will that without any inventory
appraisement or sale of my real or personal estate and without letters of
execution or other liability or accountability to any party or parties
whomsoever except as above directed that my said wife Catharine Rodenbarger
have all the personal property of which I may die profsefsed for her own, free
from any and all claims and control and that she have without responsibility
for waste for and during her natural life all the real estate of which I may
die seized with full power to use the same in all respects as fully and as free
from liability as though the free [ ]
thereof were vested in her she to pay taxes and keep the fences in repair.
Third. It is my will that at the death of my said
wife Catharine all the real estate of which I may die seized be sold and the
proceeds thereof after paying the expenses of said sale be divided in equal
shares between the children of said Catharine my wife my her first and second
marriage including William and Henry Schromyer and my children by my first and
second marriages counting the children of such said children as are dead or may
die here after as one child.
In Witnefs where I have herewith
set my hand and seal this 10” day of May AD 1869.
John
X(his mark) Rodenbarger *Seal
Signed
and acknowledged by said John Rodenbarger as his last will and testament in our
presence and signed by us in his as witnefs in his
[Page
263]
presence
at his request.
August
H Christman *Seal
Benjamin
Elkin *Seal
The
State of Indiana Clay County SS
Be it Remembered that on the 31”
day of October 1870 August H Christman one of the subscribing witnefses to the
within and foregoing last will and testament of John Rodenbarger late of said
county deceased personally appeared before Charles H Knight clerk of the Court
of Common Pleas of Clay County in the State of Indiana and being duly sworn by
the Clerk of said Court upon his oath declared and testified as follows that is
to say: That on the 10” day of May AD
1869 he saw the said John Rodenbarger sign his name to said instrument in
writing as and for his last will and testament and that this deponent at the
same time heard the said John Rodenbarger declare the said instrument in
writing to be his last will and testament and that said instrument in writing
was at the same time at the request of the said John Rodenbarger and with his
consent attested and subscribed by the said August H Christman and Benjamin
Elkin in the presence of said Testator and in the presence of each other as
subscribing witnefs thereto and that the said John Rodenbarger was at the time
of signing and subscribing of the said instrument in writing as aforesaid of
full age (that is more than twenty one years of age) and of sound disposing
mind and memory and not under any coercion or restraint as the said deponent
verily believes and further deponent says not
A
H Christman
Sworn
and Subscribed by the said August H Christman before me Charles H Knight Clerk
of said Court at Bowling Green the 31” day of October 1870.
In the attestation whereof I
have herewith Subscribed my name and affixed the seal of said Court.
*Seal Chas
H Knight Clerk
The
State of Indiana Clay County SS
I Charles H Knight Clerk of the
Court of Common Pleas of Clay County Indiana do certify that the within [ ] last will and testament of John Rodenbarger
has been duly admitted to probate and duly proved by the
[Page
264}
testimony
of August H Christman one of the Subscribing witnefs thereto that a complete
record of said Will and the testimony of said August H Christman in proof
thereof has been by me duly made and recorded in Book No 1 page 262 & 3
& 4 of the Record of wills of said County.
In Attestation whereof I have
herewith Subscribed my name and affixed the seal of said Court at Bowling Green
this 31” day of October 1870
*Seal Chas
H Knight Clerk
of the Court of Common Pleas of
Clay
County
Filed
October 31” AD 1870
Chas H Knight
---------------
The
State of Indiana
County
of Clay SS I, Catharine
Rodenberger widow of the within named John Rodenberger, deceased, knowing the
contents and the provisions of the within and forgoing last will and testament
of my said husband, now deceased, do hereby declare that I have, and do forever
release and relinquish, waive and disaffirm my right, estate and interest in
the estate and property of my said husband as given me by the statute and laws
of said State, and do hereby fully and completely accept and confirm, and have
accepted and confirmed the bequests and desires made to me by said Will: The forgoing ratification shall be
retroactive to the date of the probating of said will. Witness my hand and seal hereto this the 9lt
day of October A.D. 1871. Cathareine
(her mark) Rodenberger *Seal
Witness
to mark
H.
Huddleston State
of Indiana, Clay County:
Before
me Charles H Knight Clert of the Clay Circuit Court within and for said county
and State personally came Catharine Rodenberger, and acknowledge the execution
of the above instrument. Witnessed My
hand and Seal the Oct. 9th AD 1871.
*Seal Chas
H Knight Clerk
